Does the Fifth Amendment provide for a jury trial in a civil proceeding where a person is being held as a sexually dangerous person?

California, United States of America


The following excerpt is from People v. Van Ngo, H037535 (Cal. App. 2012):

The Seventh Amendment also provides for the right to a jury trial for civil suits at common law, but this is not one of the amendments selectively incorporated as part of the process due in state courts under the Fourteenth Amendment. (McDonald v. City of Chicago (2010) __ U.S. __ [130 S.Ct. 3020, 3034-3035, fn. 13].)

Finally, the Fifth Amendment's due process clause has not been interpreted to require a jury trial in federal civil commitment proceedings based on a person's dangerousness or mental incompetence. (United States v. Sahhar, supra, 917 F.2d at

Page 7

page 1207 ["due process does not require a jury trial" in a federal criminal proceeding determining a defendant's competence to stand trial]; United States v. Carta (1st Cir. 2010) 592 F.3d 34, 43 [no due process right to jury trial in federal civil commitment as sexually dangerous person].)2

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